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How to Value a Personal Injury Case

Writer's picture: Guido GurreraGuido Gurrera

Updated: Jan 13

A common question we receive is, “How Much is My Personal Injury Case Worth?” Here are the top factors Attorneys and Insurance Companies Use to Determine the Worth of a Personal Injury Case.

If you have been injured in an accident, one of the first questions you might have is: “How

much is my case worth?”


Unfortunately, there is no one-size-fits-all way to answer this question. Each case is unique and requires its own analysis. And it can be difficult to estimate the value of a case at the onset when all the necessary information still is not known. But there are several factors that help attorneys (and insurance companies) estimate the value of a case.


This article discusses the key components that affect the value of a personal injury

claim and will provide you with a basic framework for understanding how much your

case could be worth. Although other states’ laws are referenced, this article will focus on

Pennsylvania law. If you or a loved one has been injured, we recommend that you

consult with an experienced attorney to get an analysis of your specific case.




How to Determine Who is at Fault in a Personal Injury Case


Fault determines who is responsible for the damages. At the onset of a case, it may be difficult to know who is at fault – perhaps all the facts aren’t yet known, perhaps experts need to be brought in to investigate, perhaps witnesses have different recollections, etc.


Sometimes, fault may need to be apportioned amongst several parties, such as when

there are multiple defendants. In the end, it is ultimately up to the jury (or in some cases

judge or arbitrators) to determine who is at fault and in what percentage for the accident

and damages. The approach to determining who is at fault varies from state to state.

A small number of states, such as Maryland and North Carolina, employ a system of

contributory negligence. This means that a plaintiff cannot recover at all if a jury finds

they contributed to the accident (even only 1%).


However, most states employ a system of comparative negligence. This means that the

percentage of fault is “compared” among the parties and any damages awarded to the

plaintiff will be reduced in proportion to the amount of negligence they have been found

to be responsible for. For example, if the plaintiff is 20% at fault and the defendant is

80% at fault, any amount of money awarded to the plaintiff will be reduced by 20%.

Some states employ a “pure” system of comparative negligence. In this system, a

plaintiff can recover even if they are mostly responsible for the incident (even 99%). The amount of any money awarded to the plaintiff would then be reduced accordingly.


Other states employ a “modified” system of comparative negligence. In this system, the

plaintiff’s percentage of negligence can only reach a certain threshold. In Pennsylvania,

the plaintiff’s negligence cannot be greater than 50% the negligence of the defendant or

defendants to recover. If the plaintiff’s percentage of negligence exceeds that of the

defendants combined, then the plaintiff is barred from recovering anything. Most states

operate under this type of system.






Calculating Past and Future Medical Expenses – an Important Step in Measuring a Personal Injury Case Value


The medical expenses an injured person incurs due to an injury are a major factor in

determining the value of their case.


Past medical expenses - This includes all medical expenses the injured person incurred

from the time of the injury through the present time for the diagnosis and treatment of

their injuries. These expenses include things like physician services, hospital care,

nursing care, prescriptions, surgeries, and rehabilitation. To recover medical expenses

in Pennsylvania, the plaintiff must prove that the medical care was reasonably required

and that the amount of the expenses was reasonable 1. The amount of past medical expenses can be determined by obtaining statements and bills from the medical providers to arrive at a total number.


Future medical expenses - If the injury has not healed, and medical care is needed in

the future, the cost of the future medical care may also be recoverable. Future medical

expenses are all medical expenses that the injured person will incur in the future for the

diagnosis and treatment of their injuries2.

The type and cost of future medical care can be difficult to determine with specificity. To

do so, experts such as doctors, nurses, therapists, and life care planners, may need to

be employed to create a plan of future care and establish a price of the future needs. As

you can imagine, future medical expenses can all add up to a large amount of money

over the course of someone’s lifetime.




Work-Related Injury Expenses – Lost Wages and Loss of Earning Capacity


If an injury causes a plaintiff to miss work, they may be entitled to compensation for the

wages and earnings lost while recovering. In addition to any regular pay that was

missed, fringe benefits, overtime hours, bonuses, and even PTO, vacation, and sick

time may be recoverable.


Past loss of earnings is the difference between the following two amounts:

  1. The total the injured person would likely have earned from the time of the injury to the

present time, but for the injury.

  1. The total the injured person earned. example, if the injured person would have earned3 $1,000, but the injury caused them to only earn $600, they would be owed $400 in past lost earnings.


Future loss of earnings and earning capacity are also compensable. This amount is the

difference between the following two amounts:

  1. The total the injured person could have earned in the future if the injury had not occurred; and

  2. The total the injured person will be able to earn considering the injury4.


In determining future loss of earnings and earning capacity a jury should consider

the type of work the injured person did in the past or was capable of doing, the type of

work the injured person will be able to do in the future taking into consideration their

physical condition, education, experience, and age; the extent and duration of the

injured person’s harm; and any other relevant factors such as the persons employment

intentions or professional goals5.


In Pennsylvania, an injured person could be unemployed at the time of the injury and

still recover lost earnings. In this scenario, the jury would consider the likelihood of the

injured person finding employment and what they would have earned in that work6 .




Effect on Potential Household Work from Personal Injury – Loss of Services


Loss of services is another claim that is similar to lost wages. But instead of work

performed outside of the home, this claim involves the financial harm suffered due to

the loss of the services the injured or deceased person would have contributed to the

household. This can involve the inability to do things like cooking, cleaning, yard work,

transportation, childcare and other services.




Effect on Your Marriage from Personal Injury – Loss of Consortium


If an injured person is married, the marriage often suffers. Pennsylvania recognizes a

claim for the non-injured spouse for the harm caused to the marital relationship.


A loss of consortium claim permits the non-injured spouse to be compensated for the past,

present, and future loss of the injured spouse's affection, support, comfort,

companionship, assistance, and sexual relations7.




Effects on Your Personal Well Being from Personal Injury – Noneconomic Losses


This category includes damages to the injured person’s life that are non-monetary in

nature. “Pain and suffering” is the most well-known category; however, there are other

types of non-economic losses that may be recovered. Non-economic losses are often personal and subjective and therefore can be difficult to evaluate. In Pennsylvania, the

types of non-economic losses include8:


1. Physical and mental pain and suffering – the physical discomfort, mental anxiety,

emotional distress, and inconvenience that the injured person has endured in the

past and will endure in the future as a result of the injury.


2. Embarrassment and humiliation - refers to any feeling of shame, inferiority, or

inadequacy, or any perception by the injured person that others regard them with

disfavor or dislike, that the injured person has endured in the past and will endure

in the future as a result of the injury.


3. Loss of ability to enjoy the pleasures of life –the past and future loss or

diminishment of the injured person’s ability to participate in any hobby,

recreational interest, pleasurable pursuit, or other activity previously enjoyed.


4. Disfigurement - any scarring, deformity, limp, or other observable defect that the

injured person has endured in the past and will endure in the future as a result of

the injury.


There is no mathematical formula to determine the fair and reasonable value of these

types of noneconomic harms. In determining the past and future noneconomic harm,

jurors are permitted to consider the age of the injured person, their pre and post injury

conditions, the severity and permanency of the injuries, the amount of medical

treatment needed, and other factors.


Pennsylvania is unique from other states in that no one is permitted to suggest to a jury

a specific figure or amount that should be awarded for these types of damages. So, an

attorney could not tell a jury “you should award my client $1 million for their pain and

suffering.” Rather, jurors are instructed to use their common sense, human experience,

and collective judgment to determine the proper amount to award 9 .


As you can imagine, this might lead people to have wide-ranging opinions about the

value of the injured person’s noneconomic losses. Attorneys often rely on their

professional experience from past cases, research about the settlements or jury verdicts

in similar cases, and focus groups as ways to help value a case’s noneconomic losses.

Some states, such as Ohio10 , impose caps on the amount of noneconomic damages

that can be awarded. Pennsylvania, does not, however.




Effects from the Defendant's Outrageous Actions – Punitive Damages

Punitive damages are not applicable to most personal injury cases. But if the

defendant's actions were outrageous – i.e., so bad as to be shocking to one’s

conscience - the court may award punitive damages. A person's conduct is outrageous

when it is malicious, wanton, willful, or oppressive, or shows reckless indifference to the

interests of others11 . One common example of this occurs in cases of drunk driving

where there is a high level of blood alcohol content.


Your Quality of Legal Representation will Determine Your Personal Injury Case Value

The value of your personal injury case can be influenced by the skill and experience of

your legal representation. Not every lawyer has the necessary skill or experience to

handle a complicated injury case. Personal injury lawyers understand how to evaluate a

case and negotiate with insurance companies and other parties to ensure that you are

treated fairly.



A Personal Injury Case Involves More Factors than Most Think. Find a Qualified Expert to Get You the Most for Your Accident

Valuing a personal injury case is a complex process. There are many other factors that

are not included in this list that should be assessed. While it’s often impossible to

provide an exact figure, understanding the components that contribute to case value

can give you a better idea of what to expect.


If you’re considering pursuing a personal injury claim, it’s essential to consult with an

experienced personal injury attorney who can help you evaluate your case, negotiate on

your behalf, and ensure you receive what you deserve.





Contact Guido at Gurrera Law Today

Attorney Guido Gurrera is an expert personal injury attorney with over a decade of experience. Contact him today for a free case evaluation, and to get a fair and resourceful valuation on your case.






The information on this page is for informational purposes only and should not

be relied on for legal advice. The information relayed on this page does not create

an attorney-client relationship. You should consult with an attorney about your

individual case for legal advice.



Resources:

1. Pennsylvania Suggested Standard Civil Jury Instructions (Civil). 7.20 – Past Medical

Expenses.

2. Pennsylvania Suggested Standard Civil Jury Instructions (Civil). 7.30 – Future Medical

Expenses.

3. Pennsylvania Suggested Standard Civil Jury Instructions (Civil). 7.40 – Past and Future Loss of Earnings and Earning Capacity.

4. Id.

5. Id.

6. Id.

7. Pennsylvania Suggested Standard Civil Jury Instructions (Civil). 7.120 – Loss of Consortium.

8. Pennsylvania Suggested Standard Civil Jury Instructions (Civil). 7.110 – Past and Future

Noneconomic Loss

9. Id.

10. Ohio Rev. Code Ann. §2315.18 (2021).

11. Pennsylvania Suggested Standard Civil Jury Instructions (Civil). 8.00 – Punitive Damages– General Instructions.







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